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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
around August 17, 2011, at the Office of Licensed Real Estate Agents in Gangwon-do, the Defendant entered into a contract to sell KRW 25 million to the victim D with respect to the land located in the Incheon-do Incheon-gun, Incheon-do, the Defendant’s wife E, and received KRW 2.5 million in cash from the victim in the name of the contract deposit. On October 5, 201, the Defendant transferred KRW 10 million to the national bank account in the name of the above E as part payment and received KRW 8 million in cash from the same account under the same name as the part payment on the same day on the same day, and received KRW 3 million in cash from the same account on March 20, 2012, and received KRW 1.5 million in cash from the same day on the same day.
In such a case, the Defendant, as a seller of land, was fully paid the price, and even if the obligation to complete the registration of ownership transfer to the victim exists, in violation of the same year
6. Around 26.26. In receiving investments from G from G in the Human-gun registry office of Jeju-do, Gangwon-do, it completed a registration of collateral creation equivalent to the maximum debt amount of KRW 50 million with respect to the said land, thereby causing property damage equivalent to the purchase price to the victim and getting the said G to gain pecuniary advantage equivalent to the said amount.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol regarding E;
1. Statement made to D by the police;
1. Complaint;
1. Application of statutes governing a real estate sales contract, receipt, and certified copy of register;
1. Relevant provisions of the Criminal Act and Article 355 (2) and (1) of the Criminal Act (the occupation of breach of trust and the choice of imprisonment);
1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the following reasons for sentencing)
1. Imprisonment with prison labor for not less than one month but not more than five years;
2. The scope of recommendations according to the sentencing criteria (a decision on a type of punishment) shall be less than 100 million won (decision on the recommended field). The basic area (a decision on the recommended area) shall be four months from April to April.
3. The defendant who made a decision of sentence shall be the same and similar crimes.